In trademarks you have: word marks, logo’s, slogans, 3D-mark, but also portrait marks.

If you are famous you can file a headshot as a trademark. This can sometimes help you in cases where others use your appearance commercially, without permission. If you are not famous you can do this as well of course, but what would be the point?

Although usually you would build a case like this based on copyright, trademark law can be a nice addition. It always remains the question though how far this trademark protection extends. Can you act against similar appearances? When someone uses a totally different appearance of you, would this still constitute infringement?

Also there is always the odd chance of a double appearing in commercials.  There is quite a lot of case law about that.

And what about when you are an actor and you use a stunt double? Who is then infringing who? Look at these stunt doubles and see if you can spot the difference. Is there a likelihood of confusion?

Kate Beckinsale:

Brad Pitt:

Jennifer Lopez (Wait! Is that a guy?):



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Knijff Merkenadviseurs


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